I was recently asked to file a trademark application for someone who had a registered trademark that went abandoned for failing to pay maintenance fees. Enough time had passed that I could not revive the registration and the only way to obtain any trademark rights again was to reapply and presumably re-register the application. I was told that this would be a "super easy job" that was "very simple to do."

But it is often easy to underestimate the amount of work required and oversimplify things.

So why can't I simply file the application using the same information that was in the registration and bill minimum amount?

During the time the registration went abandoned, someone else could have come along and filed an application for the same/similar mark for the same/similar goods and services. The chances of this happening is considerable if the mark includes any popular terms or symbols. For this reason, it's important to conduct a trademark search and take a look at applications that were subsequently filed. If you do decide to file a new application, you can certainly note that you had a prior registration in your application under miscellaneous notes. However, that is not going to automatically get your application registered.

For example, if another person filed for the same/similar mark for the same/similar goods and services, your trademark examining attorney may issue a likelihood of confusion 2(d) rejection during prosecution and you might have to consider filing a petition to oppose (or cancel), assuming that you have the proper grounds, or figure out a way to overcome the rejection. Additionally, because the examination process can be subjective, your trademark examining attorney may want you to amend the description of the goods/services, or even submit a new specimen of use.

Accordingly, there are several things to consider when filing a trademark application, and prior registrations don't always clear a path to filing a new application.